Related case:
ADAK 2017 ADAK vs Selly Jepkurui Korir
October 23, 2019
In September 2017 the Anti-Doping Agency of Keny (ADAK) reported an anti-doping rule violation against the Athlete Selly Jepkurui Korir after her sample tested positive for the prohibited substance Oxycodone. After notification a provisional suspension was ordered.
In this case the Kenya Judiciary Office of the Sports Disputes Tribunal accepted that the violation was not intentional because of the medical treatment she underwent although she acted negligently. Ultimately the Panel decided on 23 October 2019 to impose a 2 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. from 15 September 2017.
During these proceedings ADAK reported that on 30 April 2018 the Athlete had participated in a Marathon in China while she was provisionally suspended for the anti-doping rule violation prior reported in September 2017. After notification in November 2020 again ADAK ordered a provisional suspension.
Hereafter ADAK established that it could not located the Athlete due to she acted evasive, she failed to respond to the communications from ADAK, and failed to attended the hearings of the Sports Disputes Tribunal.
The Tribunal determines that the Athlete was aware that on 23 October 2019 a sanction was imposed for the anti-doping rule violation she had committed and that this sanction had started on the date of the Provisional Suspension, i.e. 15 September 2017 whereas she had participated in a Marathon in China on 30 April 2018.
The Tribunal finds that the Athlete had failed to respond to the charges; failed to demonstrate that the violation was not intentional; knowingly had breached the Provisional Suspension on 30 April 2018; and accordingly had committed a second anti-doping rule violation.
Therefore the Tribunal decides on 15 July 2021 to impose a 4 year period of ineligibility on the Athlete, starting on the date the previous period of ineligibilty shall end.
